AND WHEREAS I am of the opinion that the person specified in the said Article 2 has appropriate experience, qualifications, training and expertise for the purposes of the said section 42 to conduct an inquiry into the said matter of public concern:

1. (1) This Order may be cited as the Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 3) Order 2017.

(2) This Order shall come into operation on 15 May 2017.

2. The Honourable Mr. Justice Daniel Herbert, retired judge of the High Court, is hereby appointed to—

(a) inquire into a matter of public concern, namely—

(i) responses made on the night of the death of Mr. John Kelly at Britain Quay, Dublin 2 on 17 October 2008 by the Garda Síochána, and

(ii) the conduct and adequacy of the Garda Síochána investigation conducted thereafter,

and

(b) make a report to the Minister on the conclusion of the inquiry.

3. The terms of reference of the inquiry are specified in the Schedule.

SCHEDULE

Terms of Reference

The objective of the inquiry should be the establishment of—

(a) the matters set out in Article 2(a);

(b) the content and significance of information provided by the Garda Síochána to the family of Mr. John Kelly in relation to injuries sustained by the deceased;

(c) the content and significance of information provided by the Garda Síochána to the family of Mr. John Kelly in relation to the condition and whereabouts of the clothes of the deceased and any forensic examination of same;

(d) the appropriateness or otherwise of the appointment made by the Garda Síochána to a subsequent inquiry by the Garda Síochána Ombudsman Commission (GSOC);

(e) the appropriateness or otherwise of Garda communication with members of the Kelly family, including at subsequent meetings with them;

(f) the content and significance of any testimonies given by witnesses to the death, including civilians who telephoned emergency services;

(g) the response of the Gardaí to the emergency telephone calls made shortly before Mr. John Kelly’s death.